For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

   APPLICABLE REGULATIONS. Any pertinent zoning, building or other regulations in effect in the City.

   ERECT. To construct, build, rebuild (if more than 50% of the structural members involved), relocate, raise, assemble, place, affix, attach, paint, draw or in any other manner bring into being or establish.

   FREEWAY. Limited access rights-of-way and facilities and related approaches, viaducts, bridges and interchange facilities and service roads, and any portion of the interstate highway system, now existing or as may be later constructed or designated.

   OUTDOOR ADVERTISING. Any sign which is used for any purpose other than that of advertising any activity, commodity, service or entertainment primarily sold, offered, manufactured, processed or fabricated on the premises.

   POINT-OF-SALE SIGN. Any sign advertising or designating the use, occupant of the premises, or merchandise or products sold on the premises or an activity, commodity, service or entertainment primarily sold, offered, manufactured, processed or fabricated on the premises.

   PROTECTED AREAS. All property in the City within 600 feet of the right-of-way of any freeway right-of-way.

   SIGN. Any display or characters, letters, illustrations or any ornamentation designated or used as an advertisement, announcement or to indicate direction.

   TEMPORARY SIGN. Signs to be erected on a temporary basis, such as signs advertising the sale or rental of the premises on which located; signs, advertising a subdivision of property; signs advertising construction actually being done on premises on which the sign is located; signs advertising future construction to be done on the premises on which the sign is located; and special events, such as public meetings, sporting events, political campaigns or events of a similar nature.

(Ord. 2272, passed 6-21-1971; Ord. 3047, passed 10-12-1987)

   It shall be unlawful for any person to erect, permit or maintain any sign in protected areas, except as provided hereinafter.

(Ord. 2272, passed 6-21-1971)

   Erection of the following signs shall be permitted in protected areas, subject to the following conditions and limitations listed herein and further, subject to other applicable regulations where such regulations are more restrictive or more definitive than the provisions of this article and are not inconsistent therewith.

   (a)   Temporary signs which are located and oriented to the frontage on the street or streets which provides actual access to the property. In no event shall any temporary sign be larger than 120 square feet.

   (b)   Point-of-sale signs.

      (1)   Content. The content of point-of-sale signs shall be limited to information which directs attention to a business or profession conducted on the premises or to an activity, commodity, service or entertainment primarily sold, offered, manufactured, processed or fabricated on the premises.

      (2)   Detached signs. Each business, industry or institutional use may have two detached point-of-sale signs. A corner lot or lot with access to more than one local street may have three detached point-of-sale signs. In no event, except as modified herein, shall any point-of-sale sign be erected which is greater in height than the height limitation established for the zoning district in which the sign is located.

      (3)   Wall signs. Wall signs within 200 feet of a freeway right-of-way shall be confined to the wall of the building containing the principal entrance. A wall sign may be placed on one other wall of the building and shall be limited to 10% of the other wall area, but in no event shall exceed 80 square feet.

      (4)   Roof signs. Roof signs are prohibited.

   (c)   Within the protected area, each business, industry or institutional use abutting a freeway right-of-way may have, a single, detached point-of- sale sign oriented to the freeway. Such sign shall meet the following criteria in addition to other sign criteria of this chapter.

      (1)   It must be a substitution and not an addition to signage permitted by this section.

      (2)   No flashing lights are permitted.

      (3)   There shall be no moving parts, animation or other devices used to depict motion.

      (4)   The sign shall conform architecturally with other structures on the premises.

      (5)   In those instances where the elevation of the freeway creates a line-of-sight problem, a sign may be increased in height so that no more than 30 feet of the sign is visible from a point three feet above the surface of the edge of the freeway traffic lane, nearest the proposed sign, measured at 90% degrees from the expressway to the sign location. In cases where the sign is on a curve, the measurement shall be radial. However, in no instance shall the sign exceed 75 feet in height.

(Ord. 2272, passed 6-21-1971; Ord. 2814, passed 10-26-1981; Ord. 3047, passed 10-12-1987; Ord. 3077, passed 10-10-1988)

   (a)   Signs which have been erected prior to the effective date of this article may continue to be maintained until five years after the effective date. Thereafter, unless such signs conform to the provisions of this section, they shall be removed. If a nonconforming situation can be eliminated by the removal of one sign, the sign which has been erected for the longest period of time shall have priority.

   (b)   Any sign legally erected, permitted or maintained subsequent to July 2, 1971, which is not in violation of this article but upon the opening for public use of a freeway or applicable portion thereof becomes nonconforming the same may continue to be maintained for a period of five years from the day of the opening provided on or before the expiration of the five-year period, the nonconforming sign must be removed; provided, any sign which is exempt from the provisions of this section pursuant to § 50-142.3(c) hereof, but subsequently becomes nonconforming due to the elimination of the obstruction preventing its visibility from a freeway must be removed within five years from the time of the elimination of such obstruction; further provided, after the effective date of this section any sign erected, permitted or maintained after a future freeway right-of-way has been designated by the recording of a freeway right-of-way map in the public records of Genesee County, Michigan, which becomes nonconforming due to the completion of the freeway shall be removed within 30 days after the freeway or applicable portion thereof is open for public use.

   (c)   The requirements to remove any nonconforming sign shall be contingent upon the City instituting condemnation to pay the fair market value of the sign according to law.

(Ord. 2272, passed 6-21-1971; Ord. 2456, passed 10-7-1974)